Appeals court awards RM4.55mil to five ex-ISA detainees


  • Nation
  • Friday, 12 Dec 2014

PUTRAJAYA: The Court of Appeal has awarded damages of more than RM4.55mil plus interest to five people over their unlawful detention in 2001 under the now-defunct Internal Security Act (ISA).

They are Batu Member of Par­liament Tian Chua, activist His­hamuddin Rais, Hulu Klang assemblyman Saari Sungib, Badaruddin Ismail and former PKR supreme council member Badrulamin Baha­rom.

A three-member panel chaired by Justice Abdul Wahab Patail, in a unanimous decision yesterday, upheld a High Court decision which favoured the five but partly allowed the appeal brought by former Inspector-General of Police Tan Sri Norian Mai, the Home Ministry and the Government over the damages for unlawful detention.

The panel, which also comprised Justices Datuk Rohana Yusof and Datuk Umi Kalthum Abdul Majid, reduced the quantum of damages for each of them over their detention, from RM15,000 per day to RM10,000 for between 41 days and 54 days.

The court upheld the High Court decision which had ordered Norian, the Home Ministry and the Government to pay RM30,000 in aggravated damages per person, totalling RM150,000.

Meanwhile, the panel also maintained a High Court order awarding Chua, Hishammuddin, Saari and Badrulamin a total RM100,000 over defamatory words allegedly uttered by Norian in April 2001 during a press conference in relation to the detention.

The court also upheld the RM200,000 in legal costs which the High Court had given to the five men for the court proceedings at the High Court.

The five, who were represented by lawyers Ranjit Singh and Razlan Hadri Zulkifli, were arrested in connection with a rally on April 14, 2001, to mark the second anniversary of the conviction of PKR adviser Datuk Seri Anwar Ibrahim for abuse of power.

On April 4, 2004, they sued Norian Mai, the Home Ministry and the Government for unlawful detention under the ISA and for defamation.

On Oct 2, 2012, the High Court ruled in favour of the five men, awarding about RM4 million exclu­ding interest.

With the Court of Appeal’s decision yesterday, the award, excluding interest, is reduced to RM2.78 million. — Bernama

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